GNS ONLINE NEWS PORTAL
SHYAM SOOD
RAJOURI NOVEMBER 28:-On Tuesday, the Government of Jammu & Kashmir vide its order (No. 580-Home of 2023 dt 28/11/2023) issued by Financial Commissioner/Additional Chief Secretary, Raj Kumar Goyal, dismissed Senior Prosecuting Officer (SPO), Aijaz-Ul-Hassan for demanding/accepting bribe of Rs 2 lakh from Moulvi Mushtaq Ahmed s/o Mohd Iqbal for helping him not getting him arrayed as an accused in a murder case.
In 2014 vide FIR No.29/2014, a case under section 302/34/201 RPC was registered against the father, brother & sister of Moulvi Mushtaq at Darhal police station in Rajouri district.
Aijaz-Ul-Hassan was posted as senior PO in the Court of Judicial Magistrate, First Class Thanamandi.
For not including Moulvi Mushtaq as an accused, he in connivance with ASI Mohammad Shabeer, reader PS Darhal (associated with the investigation of the case) demanded/accepted Rs 2 Lakh as bribe.
Dismissal order read; “The officer thus failed in maintaining absolute integrity and acted in a manner unbecoming of a government employee, thereby violating the provisions of the J&K Employees (Conduct) Rules, 1971. The said act on the part of the officer tantamounts to a violation of Rule 3 of J&K Employees (conduct) Rules 1971,” .
The order also read that the delinquent officer submitted his response to the charge-sheet (in 24/12/2021) & the response was found unsatisfactory upon examination & inquiry was initiated against the PO (vide govt order No. Home/AS/PS/2022 on 25/7/2022).
In the inquiry report charges were framed (established) against the PO.
Inquiry report said, based on the statements recorded during inquiry & documents brought to record, the charge against the PO demanding Rs 2 lakh as bribe from Moulvi Mushtaq couldn’t be established.
However, in the basic complaint filed before VO (on 1/10/2014), the complainant had an unambiguous terms stated that the PO had demanded an amount of Rs 3 lacs from the complainant for nor arraying them, including complainant, as an accused in case FIR No.10/2017 at P/S VO Jammu (now ACB).
“The other aspect forming part of the charge regarding the acceptance of Rs 2lacs as a bribe from Moulvi Mushtaq stands established to the extent that PO had agreed to return the amount received by him (from Mushtaq) in the compromise meeting & subsequently, returned Rs 1 lac through the account of Const. Ishtikhar Ahmed on 29/6/2014” inquiry report read.
Inquiry report further said,: “Inquiry report along with all other relevant details were placed before the Competent Authority (CA) for consideration and decision & the CA approved the report & directed for imposition of penalty provided under Rule 30(viii) of the Jammu and Kashmir Civil Services (Classification, Control & Appeal Rules, 1956) upon Aijaz-Ul-Hassan, i.e. dismissal from service of the State, which ordinarily disqualifies him from future employment.
Before the issuance of notice for imposing the penalty of dismissal, consultations were also made by the Home Department with the Jammu and Kashmir Public Service Commission regarding the decision of the competent authority as stipulated in Article 320 (3) c of the Constitution of India.
On 19/4/2023, the PO was served a show cause notice along with summary of inquiry proceedings to reply within 15 days as to why the penalty be not imposed on him.
The response of PO was examined by CA with GAD & Department of Law, Justice & PA, but the Competent Authority (CA) after taking into consideration chose not to change the decision of dismissal from service of the state.
“Now, therefore, in terms of Rule 30(viii) of J&K Civil Services (Classification, Control & Appeal) 1956, Aijaz Ul-Hassan i/c senior PO is dismissed from service, with immediate effect, which will also disqualify him from future employment” Financial Commissioner/Additional Chief Secretary order read.
